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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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COST BITES 305: THE JUDGE WAS WRONG TO AWARD COSTS AGAINST A PARTY WHEN TWO ACTIONS WERE "JOINED" AND NOT "CONSOLIDATED": AN IMPORTANT DISTINCTION IN THE RULES

COST BITES 305: THE JUDGE WAS WRONG TO AWARD COSTS AGAINST A PARTY WHEN TWO ACTIONS WERE “JOINED” AND NOT “CONSOLIDATED”: AN IMPORTANT DISTINCTION IN THE RULES

November 5, 2025 · by gexall · in Appeals, Applications, Civil Procedure, Costs, Members Content

We are looking at a case where the appellant was successful in overturning an award for costs made against him in relation to one set of proceedings.  The judgment highlights the important distinction between “joinder” and “consolidation”.  That distinction can…

DELAY IN MAKING AN ADDITIONAL CLAIM LEADS TO JOINDER BEING REFUSED (A MUCH MORE BORING  TAKE ON THE  VARDY -v- ROONEY CASE)

DELAY IN MAKING AN ADDITIONAL CLAIM LEADS TO JOINDER BEING REFUSED (A MUCH MORE BORING TAKE ON THE VARDY -v- ROONEY CASE)

February 15, 2022 · by gexall · in Applications, Civil Procedure, Members Content

In  Vardy v Rooney & Anor [2022] EWHC 304 (QB) Mrs Justice Steyn refused the defendant’s application for joinder of an additional party.  One major element in that decision was the delay in making the application, and the total absence…

JOINDER OF NEW PARTIES INTO EXISTING PROCEEDINGS 1: NOTIFY THE EXISTING PARTIES: THE RULES DON'T SAY SO BUT COMMON SENSE DOES

JOINDER OF NEW PARTIES INTO EXISTING PROCEEDINGS 1: NOTIFY THE EXISTING PARTIES: THE RULES DON’T SAY SO BUT COMMON SENSE DOES

January 28, 2020 · by gexall · in Applications, Case Management, Civil Procedure, Members Content, Parties to actions

There are a few interesting procedural matters that flow from the decision of HHJ Kimbell QC (sitting as a High Court judge) in  Molavi v Hibbert & Ors [2020] EWHC 121 (Ch).  Here we look at the judge’s comments on…

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  • COST BITES 375 : WHY THESE INTERIM BILLS WERE NOT STATUTORY BILLS: "VERY CLEAR EVIDENCE WOULD BE NEEDED TO ESTABLISH THAT AN INVOICE WHICH, ON ITS FACE, IS EXPRESSLY NOT FINAL HAS NONETHELESS BEEN AGREED TO BE FINAL"
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